Definitive Report - Report No 124, 1971

Case No 531 (Panama) - Complaint date: 29-AUG-67 - Closed

1. 21. This case was first examined by the Committee at its session in May 1968 (105th Report, paragraphs 276-288), at which it submitted interim conclusions to the Governing Body and recommended the Governing Body to request further observations from the Government concerning one aspect of the case, namely that of the non-admission of trade unionists to the Committee for the revision of the Labour Code (105th Report, paragraph 288 (b)).
2. 22. The case was again examined by the Committee at its sessions in February 1969, May 1969, November 1969, February 1970, May 1970, November 1970, February 1971, at each of which the Committee decided to adjourn its examination of the case since the Government's observations on the above matter had not been received. In a communication dated 9 March 1971 the Government communicated its observations on this question.
3. 23. Panama has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 24. With regard to the outstanding allegation that trade unionists had not been allowed to participate in government committees set up for the purpose of the revision of the Labour Code, the Government states in its communication that it does not consider it appropriate to justify the reasons which the authorities may have had when they took this attitude, since none of the officials concerned takes any part in the governmental work of the present revolutionary Government. The Government adds that its policy has, at all times, been aimed at ensuring a harmonious and balanced participation by all sectors of the economy in any action taken which affects their interests. It points out that, when work was resumed on the study of the draft Labour Code, all trade union organisations were asked to make their comments so that these could be considered seriously before a final decision was taken. In this connection the Government encloses with its communication a copy of a letter dated 1 February 1971 addressed to the trade union organisations requesting their opinion on the draft Labour Code.

The Committee's recommendations

1. 25. While the refusal of a government to permit or encourage the participation of trade union organisations in the preparation of new legislation or regulations affecting their interests would not necessarily constitute an infringement of trade union rights, the Committee would point out that the principle of consultation, and co-operation between public authorities and employers' and workers' organisations at the industrial and national levels is one to which importance should be attached. In this connection, attention can be drawn to the provisions of the Consultation (Industrial and National Levels) Recommendation, 1960, (No. 113), Paragraph 5 (b) of which provides that " such consultation and cooperation should aim, in particular, at ensuring that the competent public authorities seek the views, advice and assistance of employers' and workers' organisations in an appropriate manner, in respect of such matters as the preparation and implementation of laws and regulations affecting their interests." In the present case, the Committee has noted the Government's statement that all trade union organisations have been consulted on the question of the revision of the Labour Code, and, in the circumstances, recommends the Governing Body to decide that the allegation relating to the non-admission of trade unionists to committees for the revision of the Labour Code, and consequently the case as a whole, do not call for further examination.